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(영문) 서울중앙지방법원 2016.01.08 2013가합552837
공사대금
Text

1. Defendant Republic of Korea’s interest in KRW 1,720,036,822 and its interest to the Plaintiffs, from August 25, 2012 to January 8, 2016.

Reasons

1. Basic facts

A. Conclusion, etc. of the instant construction contract

1. 1.2. Outline of construction: Defendant Incheon City 1.5. Construction period: 630 days from the commencement date of construction - Estimated amount on January 7, 60 days from the date of site descriptions: 9,820,000 won (including value-added tax);

2. Tender and contract method 2.1. The tender and contract method 2.1. The alternative tender work (total alternatives) as stipulated in Chapter VI of the Enforcement Decree of the Act on Contracts to which the State is a Party (hereinafter “State Contract Act”).

1) Defendant Incheon City’s construction work for the construction of roads (hereinafter “instant construction work”) to the Public Procurement Service affiliated with the Defendant’s Republic of Korea.

A) A request was made for the conclusion of a contract on the instant construction project, and the Public Procurement Service affiliated with the Defendant’s Republic of Korea announced the announcement of the instant construction project around November 2009 as follows. 2) The Plaintiffs constituted a joint supply and demand organization (the investment ratio is 52%, Plaintiff Dongww Development Co., Ltd., Ltd., 52%, Pulul Construction Co., Ltd., promotion company, promotion company company, treatment industry development company, etc., 12%, respectively, and hereinafter “instant joint supply and demand organization” in the Plaintiffs’ indication) and was awarded the instant construction project in the said bidding procedure around February 2009.

3) Accordingly, on April 14, 2010, the Plaintiffs and Defendant Republic of Korea determined the demand agency for the instant construction project to be KRW 89,829,30,000 as the contract amount, and the construction period from April 14, 201 to October 10, 201 as the construction contract of this case (hereinafter “instant construction contract”).

(4) On the other hand, the former Procurement Act (amended by Act No. 9714, May 27, 2009; hereinafter “the Procurement Act of 2009”); the former Enforcement Decree of the Procurement Act (amended by Presidential Decree No. 21700, Aug. 25, 2009; hereinafter “Enforcement Decree of the Procurement Act of 2009”); and the former Enforcement Decree of the Construction Project Act (amended by Presidential Decree No. 21700, Aug. 25, 2009; hereinafter “Enforcement Decree of the Construction Project of 2009”); and the Act on the Construction Contracts for Package Deal Projects, Etc., which are the contents of

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